HomeMy WebLinkAboutOrd 581-2012 Qualifications Emergency Management Coordinator.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 581-2012
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING ORDINANCE NO.
514-2010, AS AMENDED BY ORDINANCE NO. 577-2012, GOVERNING ELIGIBILITY
AND MINIMUM QUALIFICATIONS FOR THE POSITION OF EMERGENCY
MANAGEMENT COORDINATOR AND PROCEDURES RELATED TO CANDIDATES
FOR POSITION OF EMERGENCY MANAGEMENT COORDINATOR; PROVIDING
FOR PENALTIES IN AMOUNTS NOT TO EXCEED $2,000 FOR VIOLATIONS;
PROVIDING FOR CONSTRUCTION AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, under Texas Administrative Code, 37 TAC § 7.13, a municipality—in order
to qualify for certain federal assistance programs authorized under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act as amended, and other federal statutes—
must establish by ordinance a local emergency management agency and must establish an
emergency management plan; and
WHEREAS, on October 12, 2010, the City Council of the City of Anna, Texas ("City
Council") adopted City of Anna, Texas Ordinance No. 514-2010 establishing such an
agency and adopting such a plan; and
WHEREAS, on March 29, 2012, the City Council adopted City of Anna, Texas
Ordinance No. 577-2012, amending certain provisions of City of Anna, Texas Ordinance
No. 514-2010; and
WHEREAS, City of Anna, Texas Ordinance No. 514-2010, as amended by Ordinance
No. 577-2012, is hereinafter referenced as "Ordinance No. 514-2010"; and
WHEREAS, the City Council recognizes and acknowledges that under 37 TAC § 7.2,
the Emergency Management Director of the City of Anna, Texas may designate an
emergency management coordinator who shall serve as an assistant to the Mayor for
emergency management purposes when so designated; and
WHEREAS, under Ordinance 514-2010 the City Council and the City's Mayor
designated the City's Chief Executive, the City Manager, to serve as the City's
Emergency Management Coordinator; and
WHEREAS, the provisions in Ordinance 514-2010 designating the Chief Executive as
Emergency Manager Coordinator have not previously been amended or repealed; and
WHEREAS, the City Council desires to adopt certain eligibility requirements and
minimum qualifications that persons must meet in order to be designated by the
Emergency Management Director to serve as the emergency management coordinator,
subject to the temporary suspension of such requirements under certain disaster -related
circumstances; and
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WHEREAS, the City Council desires to adopt certain procedures concerning the
designated by the Emergency Management Director of the emergency management
coordinator, subject to the temporary suspension of such procedures under certain
disaster -related circumstances;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS
Section 1. Recitals Incorporated
All matters stated in the preamble of this ordinance are found to be true and correct and
are incorporated into the body of this ordinance as if copied in their entirety.
Section 2. Amendments to Ordinance No. 514-2010.
2.01 The definition of "Emergency Management Coordinator" as set forth in Section 3
of Ordinance No. 514-2010 is hereby amended as follows:
Emergency Management Coordinator means the Chief Executive nffiner person
designated to serve in said position in accordance with Section 4 of this
ordinance.
2.02 Ordinance No. 514-2010 is hereby amended as follows:
4. Organization.
La)_The operational disaster and emergency services organization of
the City shall consist of the municipal officers and employees set
forth in this ordinance and those who may be designated by the
Mover (F.Fnernennv Management DireGtG0 and Chief Fxeei dive
(Cmergenn., Management GeeFdinefeo in accordance with this
ordinance. Plans of organization shall substantially conform to
recommendations of the federal government and the State Division
of Emergency Management of the State of Texas or any similar or
successor agencies. The functions and duties of the organization
shall be distributed to the officers and employees of the City in
accordance with the terms of the emergency management program
or plan.
b) In accordance with the reauirements and procedures of this section
the Emergency Management Director shall designate an
Emergency Management Coordinator who shall serve as an
assistant to the Emergency Management Director for emergency
management purposes.
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(c) Only persons actively holding the following types of City positions
are eligible to be designated and serve as the Emergency
Management Coordinator: (1) the Chief Executive; or (2) an active
employee or volunteer member of the City's police department or
fire department who has been authorized by the Chief Executive to
assume the duties of an Emergency Management Coordinator. The
term "active' in this subsection means currently serving as a City
employee or volunteer and not on leave. The term "active" does not
include members of an auxiliary police or fire association, unless the
member of such auxiliary organization is also an active City
employee or active volunteer members of the police department or
fire department.
(d) Within 30 days after the effective date of this ordinance and within
30 days of the date that any Emergency Management Coordinator
Permanently ceases to serve in such role, or as soon as practicable
thereafter, the Emergency Management Director in consultation with
the Chief Executive may recommend for the City Council's
consideration one or more eligible persons to serve as Emergencq
Management Coordinator.
(e) Within 30 days of receiving any such recommendations: (1) the City
Council shall nominate one or more eligible persons—who may be
but are not required to be the person(s) recommended under
subsection (d)—to serve as Emergency Management Coordinator;
(2) the Emergency Management Director shall designate the person
(or one of the persons, as applicable) nominated by the City Council
to serve as Emergency Management Coordinator; and (3) the
Emergency Management Director shall provide written notice to the
Chief Executive of the name, address, and telephone number of the
person designated to be the Emergency Management Ordinance.
(f) If for any reason the Emergency Management Director does not
designate an Emergency Management Coordinator within the time
period set forth in subsection (e), then the City Council must as
soon as practicable thereafter designate an eligible person to serve
as Emergency Management Coordinator, and that person shall
serve until ceasing to serve in accordance with this section.
(g) At the time that an Emergency Management Coordinator for any
reason ceases to serve as Emergency Management Coordinator,
then a new Emergency Management Coordinator shall be
designated using the procedures set forth in subsections (d) and
(e). When the Emergency Management Coordinator is for any
reason not available, and during any vacancy in the position of
Emergency Management Coordinator, the Chief Executive shall
sere as Emergency Management Coordinator.
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(h) Any person serving as Emergency Management Coordinator,
must—at the time of being designated or within six months of being
designated—obtain the basic training level of preparedness
(i) If the Comprehensive Emergency Plan is invoked due to an
Emergency or a declared disaster and the person designated to be
mental and/or physical incapacity, then the eligibility, training, and
procedural requirements of this section shall be temporarily
suspended and the Emergency Management Director shall
designate a new Emergency Management Coordinator to serve until
the Emergency or declared disaster has ceased.
Section 3. Savings, Severability and Repealing Clauses
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict, except that unless and until an Emergency Management
Coordinator is designated in accordance with this Ordinance, the provisions of
Ordinance 514-2010 that designate the Chief Executive as the Emergency
Management Coordinator shall remain in effect. If any provision of this ordinance shall
be held to be invalid or unconstitutional, the remainder of such ordinance shall continue
in full force and effect the same as if such invalid or unconstitutional provision had never
been a part hereof. The City declares that it would have passed this ordinance, and
each section, subsection, sentence, clause, or phrase thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses, and phrases be
declared unconstitutional or invalid.
Section 4. Publication of the Caption Hereof and Effective Date
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 24th day of April, 2012.
ATTESTED: AP OVE
ty Secretary, Na ha Wiiison a- r, Da R. Driskell
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